Law enforcement of the crime of Pratima theft in Bali does not provide a sense of justice for traditional law communities as victims. In response to this, it is necessary to construct law enforcement for the crime of Pratima theft to achieve a sense of justice, benefit, and legal certainty for the Balinese customary law community. This research method is sociological law (sociological jurisprudence), emphasizing the study of the operation of law in traditional law communities in Bali. The object of the study is the legal facts related to the crime of Pratima theft. Based on the research results, it was found that law enforcement prioritized legal certainty rather than social justice itself. The Balinese traditional law community desires fair and beneficial law enforcement. The provisions on the principle of legality in deciding pratima theft cases in Bali do not prevent the application of laws that exist in society. Judges should also apply customary criminal sanctions, thereby demonstrating that criminal law policies protect customary law communities. In imposing sanctions, the panel of judges is expected to be guided by the harmony of law enforcement objectives, based on local wisdom. The application of the Tri Hita Karana concept as local wisdom in customary criminal sanctions shows that criminal law policy provides a sense of justice and protects customary law communities as victims, and restores harmony in the lives of Balinese customary law communities.
Competition law is a tool first employed by countries more than a hundred years ago, to address issues relating to restrictions on competition conducted by private firms. Competition law is still predominantly an instrument to resolve national problems while the dominance of market based economies in the last fifty years, particularly following the collapse of the eastern bloc, in combination with improvements in transport, communications and technology have progressively dismantled national borders and internationalized trade. Against this backdrop, the objective of this paper is to examine the role of stakeholders in the regulation of competition among business enterprises in Cameroon. In carrying out this research, the doctrinal method was engaged, drawing from primary and secondary sources of data. It is therefore, recommended inter alia that, business enterprises should strictly observe and adhere to the mechanisms put in place in ensuring fair competition so as to guarantee a much better level of stability and sustainability in doing business in Cameroon.
This study examines the interplay between benefit sharing and livelihood improvement within the Bakossi National Park (BNP) within the legal perspective. Traditionally, conservation efforts often placed local communities at odds with protected areas. However, through a doctrinal methodology, this research argues that a well-designed benefit-sharing program can foster collaboration and improve the lives of local communities. By analyzing the BNP as a case study, the research explores how initiatives like revenue sharing from timber exploitation, tourism, employment opportunities within the park, and community driven projects can generate income and empower local communities. The effectiveness of these programs hinges on understanding the specific needs of the communities and ensuring their equitable participation in decision-making processes. Ultimately, this study contends that successful benefit sharing in PAs management, like the BNP, can create a win-win situation, where biodiversity is preserved, and local communities thrive. The work concludes with robust recommendations that if complied with and enforced, it would go a long way to improve on the livelihood of local communities in the Bakossi National Park of Cameroon.
When an agency relationship is created, it confers on the parties obligations which must be fulfilled by the parties. These obligations do not remain forever as they can come to an end. This can be done under normal circumstances by the act of the parties or by operation of the law and when the conduct of the agent is in contradiction to the mandate agreement as may be the case if the agent is liable for serious misconduct as provided by the OHADA Uniform Act on General Commercial Law. The provisions of the act regarding termination on grounds of serious misconduct is worrisome, as the act talks about termination in such manner only for commercial agents and is silent about the other two types of agents: the broker and the commission agent. The act also, does not tell us what this serious misconduct it mentions by the commercial agent is, nor gives us insights on what constitutes such conduct to warrant termination of the mandate of the agent by the principal. When termination of the agency is done under conditions as such, it has grave consequences on the agent who might not be entitled to certain benefits associated with termination of the contract such as loss of the right to compensatory allowance or indemnity and more importantly may give room to arbitrary or wrongful termination of the mandate of the agent. Through analytical and comparative studies, this paper focuses on termination of the mandate of an agent under the OHADA Uniform Act on General Commercial Law, wherein, the different modes of termination of the mandate of an agent have been discussed, and more specifically makes an attempt in looking at what serious misconduct is and what could amount to such conduct so as to avoid arbitrary or wrongful termination. It is therefore suggested that, statutory guidelines found in other statutes in relation to the subject matter can serve as a lamp light in our context.
Fair trial as a principle which ensures the administration of justice is guaranteed in the constitutions of every democratic society. The right to fair trial is an essential right in all countries respecting the rule of law. Fair trial and justice constitute the back bone of all applicable procedures and substantial laws almost in every legal culture. This means that fair trial should be perceived as a “human right” issue and therefore an international concern which should comply and be measured by international norms. This paper aims at analyzing the challenges faced in the effective implementation of the safeguard to fair trial and Justice in Cameroon. The Cameroon criminal justice system has all necessary provisions aimed at safeguarding fair trial and ensuring a horizontal playing field where justice is been maintained. However, the question remains how effective does these laws safeguard the right to fair trial and Justice. The mechanisms put in place to ensure the safeguard to fair trial and justice is insufficient, ineffective and unsuitable in guaranteeing the safeguard to fair trial and justice. In the absence of fair trial and justice, the rule of law, human rights and consequently the idea of justice becomes illusionary.
CEMAC landlocked countries (specifically Chad and Central African Republic) depend solely on Cameroon who serves as a transit state for the transportation of goods to and from these landlocked countries. Thus, the entering into bilateral conventions helped to facilitate and create transit corridors for the transportation of goods amongst these countries. Meanwhile Cameroon which serves as a transit state to these landlocked countries has four modes of transport (road, rail, water and air), while Chad and Central African Republic have just two or three principal mode of transportation namely road, rail and air. However, these modes of transportation pose unique challenges, particularly in countries with limited infrastructure. Through doctrinal analysis of both primary and secondary sources of data, this article seeks to examine the legal framework in resolving disputes arising from contracts of multimodal carriage of goods available to landlocked countries of the Central African Economic and Monetary Community (CEMAC). Our findings revealed that, the legal framework in resolving disputes arising from contracts of multimodal carriage of goods available to landlocked countries are not effectively implemented. As a result, some salient recommendations have been made to bridge the gap between theory and practice amongst these countries in general and Cameroon in particular.
This study states that while legal rules affecting the dead often have a practical aspect, one of the primary, and yet unrecognized, forces driving the creation of these legal rules are cultural norms, including dignity and respect for decedents’ wishes. In reaching this conclusion, this study adopts an interest theory approach to rights. Interest Theory recognizes persons currently incapable of making choices, such as the mentally incapacitated and infants, as potential right-holders. Using interest theory, this study argues that the dead, although unable to make real-time choices, are capable of being legal right-holders. Furthermore, certain interests, such as the interest in seeing one’s offspring survive or the interest in one’s reputation, can survive death. When these interests are protected by legal rules, the dead are granted de facto legal rights that can be enforced against the living. The law also strives to honor a decedent’s wishes and to protect his interests because society has chosen, within limits, to adhere to the principle of autonomy. This is why courts often consider a decedent’s wishes when determining the disposition of his corpse or property.
This study attempts to heighlight the existing mobile court system in Bangladesh. It has been attempted to highlight the legal framework regarding mobile court in Bangladesh. The journey of mobile court, it’s success, it’s drawbacks and public utility has been focused in this study. The trial system of mobile court, it’s justification, it’s bindingness and achivemnt has been focused in this study. Role of mobile court is very significant in the context of bangladesh. The application of mobile court is differnt field is strongly visible. Now the question arises, whether the people apprecite the mobile court or not? So many leading cases have been solved by appling mobile court. So, this study will try to show in which procedure mobile court can be apllied for the beneficial interest as a spedier tool?
REVIEW ARTICLE | Oct. 25, 2024
Attachment Proceedings for Goods Onboard an Aircraft: A Closer Look at the OHADA Law on Simplified Recovery Procedures and Measures of Execution
Atemnkeng Micheal Atemlefac
Page no 487-494 |
DOI: https://doi.org/10.36348/sijlcj.2024.v07i10.009
The practical application of international conventions like the Montreal Convention of 1999 and the OHADA Uniform Act of 2023 in the context of attaching goods onboard aircraft presents significant challenges. These frameworks do not explicitly address the attachment of such goods, focusing instead on liability and recovery procedures. The OHADA Uniform Act aims to simplify recovery processes but may struggle with conflicting national regulations and regional legal practices. The absence of specific legislation for attaching goods in-flight creates a critical gap, leading to uncertainty and inefficiency in enforcement. Addressing this gap in this paper requires developing targeted legal solutions that align with international standards while addressing the unique demand of air transport.
By examining the test for admitting electronic records in trials, this research critically examines the procedural and legal nuances unique to digital records. The study investigates ambiguities in authority, privacy concerns, and procedural conflicts. It seeks to propose recommendations for improving the handling of electronic records in criminal trials, aiming to ensure that justice is served without compromising individual rights. This analysis provides a comprehensive approach to navigating the complexities of digital evidence while maintaining the integrity of the judicial process and upholding fundamental human rights.